Tuesday, 12 January 2021

US Congress could force President Donald Trump from office. Here's how.

 Extract from ABC News

Three separate images of Pelosi, Trump and Pence. All stand in front of US flags, Pelosi and Pence wear face masks.
Speaker Nancy Pelosi has spelled out the Democrats' plan to remove President Donald Trump from office. And it includes Vice-President Mike Pence.(AP/Reuters)

Democrats in the US Congress will try to remove Republican President Donald Trump from office this week following a riot at the US Capitol last week, which Mr Trump has been of inciting.

Congress could remove Mr Trump from office by either pressuring Vice-President Mike Pence or in a historic second impeachment attempt.

Either way, here's what to expect over the next few days.

The Democrats could get Republican VP Mike Pence to act

On Monday, US time, House Democrats will try to pass a resolution asking Mr Pence to invoke the 25th Amendment of the US Constitution.

This allows the vice-president and the Cabinet to remove a president deemed incapable of doing his job.

The resolution, drafted by Democratic Representative Jamie Raskin, accuses Mr Trump of pressuring election officials to overturn his election defeat and encouraging his supporters to march on the Capitol.

Republicans are likely to block the attempt to pass the resolution without a full, recorded vote.

Play Video. Duration: 15 minutes 23 seconds
How it happened: Trump supporters storm the Capitol Building.

It could lead to a vote on the 25th Amendment request

If Republicans block immediate action, the House will hold a formal, recorded vote on Tuesday, according to House Speaker Nancy Pelosi.

The measure is expected to pass the House, where Democrats hold a 222-211 majority.

The vote would apply pressure to Mr Pence, but it would not force him to act.

It gives him 24 hours to respond.

Mr Pence has rebuffed the President's requests to somehow prevent Congress from certifying Democratic president-elect's Joe Biden victory.

But it's unclear whether he would be willing to invoke the 25th Amendment, or whether he would get support from enough Cabinet members to go through with it.

Impeachment is also an option

Assuming Mr Pence doesn't act, Ms Pelosi said the House would next bring impeachment legislation up for a vote.

Democratic Representatives Ted Lieu, David Cicilline and Jamie Raskin have introduced an article of impeachment calling for Mr Trump's removal from office due to "incitement of insurrection".

The measure has the support of more than 200 Democrats.

The House Rules committee would set the parameters for debate and vote on the House floor, which could take place as soon as Wednesday or Thursday, US time.

The impeachment motion would likely pass the House, given its strong support among Democrats who control the chamber.

That would make Mr Trump the only US president to be impeached twice.

If impeachment is successful, it goes to the Senate

Impeachment is like an indictment — it leads to a trial in the US Senate, which acquitted Mr Trump during his first impeachment in 2020.

A two-thirds vote would be needed to convict Mr Trump of the impeachment charge and remove him from office.

That means all 50 Democrats and at least 17 of the chamber's 50 Republicans would have to vote to convict him.

As of Sunday, only two Senate Republicans have publicly said that Mr Trump should not serve out his term.

And this all has to happen before inauguration

Timing is an issue as Mr Trump's term ends on January 20, when Democratic president-elect Joe Biden is sworn in.

The Senate is required to consider impeachment charges as soon as they get them from the House, but it is not due to return until January 19.

That means the Senate would be consumed with impeachment during Mr Biden's first weeks in office, rather than voting on his Cabinet nominations and other policy priorities, such as responding to the COVID-19 pandemic.

The House could avoid this scenario by simply waiting to send the impeachment charge to the Senate for 100 days, as one Democratic Representative, James Clyburn, has suggested.

That would allow Congress to focus on Joe Biden's agenda. By the time the Senate turned to the impeachment charge, Mr Trump would be long out of the White House.

But if they voted to convict, he would be prevented from holding public office in the future.Play Video. Duration: 2 minutes 26 seconds

Susan Del Percio from the Lincoln Project says it's highly unlikely Donald Trump will get convicted if he is impeached

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